× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Failed WCA in UC. Can they claim assessment rate during appeal?

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Hello,

If someone fails the WCA on UC and lodge an appeal can they claim the standard allowance in the same way you used to be able to claim assessment rate ESA? If so will work commitments be imposed while waiting for appeal?

Thanks

Ros
Administrator

editor, rightsnet.org.uk

Send message

Total Posts: 1323

Joined: 6 June 2010

Yes, they should continue to get UC standard allowance while going through the mandatory reconsideration process and appealing but will be treated as not having limited capability for work - the DWP does have discretion to limit work availability and worksearch where claimants have a ‘physical or mental impairment’ though - see pages 1031-1032 of CPAG’s welfare benefits handbook.

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3117

Joined: 14 July 2014

UC doesn’t work like that. An ESA award would be ended altogether if the claimant was found not to have LCW and the provisions for payment pending appeal were designed to mitigate against that. UC is paid regardless of whether or not you have LCW.

If someone is found not to have LCW in UC on a new claim then they will just stay on the same rates and at the same conditionality as would otherwise be appropriate. What they are asked to do in practice will vary depending on the work coach and it may be that the work coach will be prepared to ease off whilst they are aware an appeal is ongoing.

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Thanks both.

I assumed UC would pay but may impose work requirements.

I suppose work coach discretion is a bit of a double edged sword, it’s good they can be flexible but leaves it down to luck of the draw if you get a sympathetic one!

Chrissum
forum member

WRAMAS, Bristol City Council

Send message

Total Posts: 240

Joined: 24 August 2017

I would strongly encourage your client to seek the involvement of a disability employment adviser when approaching their work coach as they can advise on appropriate easements etc.

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Yeah, good idea Chris